designed to help resolve issues that arise during that screening process. point of fact, it's only a small percentage of passengers who get patted down. nonetheless, i think we all understand the concerns americans have about that, it's something new. most americans are not used to a real law enforcement patdown like that. megyn: her comments coming just hours after president obama's top transportation security official urged angry airline passengers not to disrupt travel for millions of americans trying to get home to their loved ones for this holiday. and with airline travel up more than 11% this year, airline officials are already preparing a travel nightmare, preparing for a potential travel nightmare for the more than one and a half million passengers who are expected to fly. trace gallagher live in our west coast newsroom with more on this. t.g.? >> reporter: m.k., welcome

back to you. you know, this is being called widely the scanner boycott, the body scanner boycott. you've heard some call them the porn scanners, it's being pushed by a couple of online groups, one is opt out now.com, the other one is we won't fly. and what they're acing to opt out of the body scanners and go for the full-body patdown. they also want passengers to do these full-body patdowns in public so that the passengers and everybody can see how the tsa treats people. take a look at these numbers, megyn. 1.6 million people will fly this holiday weekend. there are 68 airports across the country that use these body scanners. the tsa estimates about 20% of travelers will use them. look at the bottom number, 320,000 passengers could be scanned. now, scanning takes about 10-12 seconds. the full-body patdown, according to the tsa web site, could take up to four or five minutes. even if 10% of people opt for that full-body patdown, you are

talking about major delays at airports across the country. remember, flying is very much a domino effect thing. if you have delays at lax, chicago and jfk, that is the domino effect for the rest of the country. here is the head of tsa talking about this. listen. >> my concern, really, goes to all the vast majority of the traveling public who simply want to get home to enjoy the holidays with family and loved ones, and if they miss a flight because people are protesting, then i feel bad for them. >> reporter: and, of course, there are a lot of passengers who are going out willing to cause some commotion who are going to opt for these patdowns. we now have special underwear, megyn, that people are creating and, don't pert the don't touch my junk t-shirts. so people are going to go out of their way in some cases to make this difficult. the advice for everybody is, boy, this holiday weekend if you're traveling, you've got to allow yourself more time because

it could potentially be a mess. [laughter] megyn: i can only imagine what's actually going to happen. trace gallagher, thank you. >> reporter: okay, megyn. megyn: well, those full-body scanners a major part of the controversy, and let's take a look at how the system has grown over the past year alone. the number of full-body scanners jumped from 40 at the start of 2010 to 373 this month. the tsa will have 500 installed by the end of the year, and it expects to have a total of 1,000 scanners installed by the end of 2011, so if you have not yet gone through one of these things, the odds are increasing that you soon will. and we have been getting a lot of reaction to this story over at foxnews.com where you can log on now and take our you decide question: do you intend to change your thanksgiving travel plans as a result of all this? really? do you? i'd be interested to hear about that myself, and you can offer the reasons, too, at kelly@foxnews.com. go in, again, to foxnews.com and

see how others are voting. well, police in berlin have closed parts of germany's historic parliament building because of worries about a possible terror attack. reports that al-qaeda operatives are inside germany planning a deadly attack on berlin's reichstag building. its glass-encased dome draws thousands of tourists and visitor every day. a spokeswoman says it will stay closed until further notice. al-qaeda brag about the success of its latest attempted attack. the terror group is talking about this. the attempted plane bombing using this printer cartridge. remember this? after the mayhem that these cargo bombs triggered a few weeks ago at airports overseas and here in the u.s. al-qaeda sees this as a winning strategy. national correspondent catherine herridge has more live in washington. >> reporter: thank you, megyn. the late rest edition of inspire magazine is specifically designed by al-qaeda in yemen, the same group that was behind

the attempted christmas day bombing to attract american recruits. the magazine that has an american cargo jet on its cover states that the group's intent is to carry out more cargo bomb attacks in the future, and they believe it's possible in part because the bomb itself costs less than $5,000 to make. now, al-qaeda in yemen which claimed responsibility for the two devices is promising to spread the bomb technology to oh countries to al-qaeda affiliates who are you should the radar to launch more attacks in the future. now, it's questionable whether the technology can be transferred and how effective it is, but as we saw a few weeks ago, no blast -- even if there's no blast, you can also cripple the cargo system. here's the key paragraph in the magazine: our objective is not maximum kill, al-qaeda in yemen writes, but to cause a hemorrhage in the aviation industry, an industry that is so vital for trade and transportation between the u.s. and europe. the former secretary of homeland security, michael chertoff, told me recently he believes there

has been a significant shift in strategy for al-qaeda in yemen to these smaller-scale attacks. it's harder for these groups to get operatives into the u.s., so al-qaeda in yemen is now turning to softer economic targets like cargo. megyn? megyn: catherine herridge, thank you. >> reporter: you're welcome. megyn: fox news alert, we are getting word right now that the fbi has raided the connecticut offices of two hedge funds as part of a far-reaching insider trading investigation that just broke. "the wall street journal" this morning reporting that the feds are looking into a number of consultants and traders across the one who raked in millions -- across the country who rakes in millions by getting the inside track on financial information. fox business senior corps 1307b89 charlie gasparino's been following this, he's got more on this. charlie, so first the news broke that there was a massive insider trading investigation underway, now we learn that the fbi has

raided two hedge funds amidst this information. put it in interspective for us. >> reporter: well, actually, they've been looking at insider trading now pretty conservatively for about three years. over the last couple years they've been focusing on a case named galleon who they basically wiretapped and found he was getting inside information from other parties. that investigation, that galleon investigation sort of caused all these other investigations to crop up -- megyn: and that lets people, i mean, for people who don't follow this, it lets people game the system. they can make money on investments because they have inside information which is against the law. >> are well, material, nonpublic information, information that's not given generally to the public. i will say this, though, i'm still somewhat dubious about the size, scope and meaning of all this and the reason why is is because we are still talking about relatively small players. you know, the markets, there are other bigger issues affecting the markets, even if it's 20 of these small guys that run small hedge funds, whether they get

some inside information. for example, we have the fed printing money, quantitate i have easing has taken interest rates could be to zero. -- down to zero. so, yes, this is interesting, it's important -- megyn: but i don't understand your point, that wall street's in trouble in a lot more ways than this? >> not even in trouble. that we're setting ourselves up, could be setting ourselves up for another 2008 financial implosion where there's massive amounts of risk taking because interest rates have been taken down so far -- megyn: and that encourages people to invest -- >> and to take enormous risks. to the average investor and to the guy who has money in a 401(k) account, that is more important. megyn: so what disease that mean -- does that mean as a practical matter? does that mean we're going to have another t.a.r.p.? another bank bailout? this you know what happened, they went to the feds, and they said, you can't let these banks fail. the entire financial system is going to fail, and the feds, us the taxpayer, stepped in to save wall street.

>> what we're setting if stage for is another 2008. ben bernanke just printed $600 billion of new cash. meg meg that is the beauty of the printing press. [laughter] when you run out of the money, you just print more. it's like having a money tree in d.c. >> but that creates incentives in the markets where people take -- because interest rates are so low, you start taking risks, you start buying stuff that is more risky. that's what happened this led up to 2008. yes, this insider trading stuff, okay, interesting, big headlines, but if you're the average guy in my view, worry about this other stuff -- megyn: there's another major implosion headed our way that you need to worry ant. >> are listen, i love those stories, i cothem all the time. megyn: who's in favor of hedge funds unless you work for one? we are jealous of that. we like it when we hear -- isn't that the god's honest truth? who has sympathy for the hedge funds? this.

>> well, their investors have sympathy. megyn: that's the problem. >> listen, i would just put -- megyn: let's get that on record. >> i do watch for the fox network, i would just put this in context. you know, bunch of hedge fund guys taking inside information, makes great headlines. but if you're an average investor, mom and pop, 401(k) money worrying about the future, worry about the fed creating money, worry about interest rates at historic lows more than this -- megyn: that's interesting because when you think about it, you think it's good for you. you know, if i want to buy a house, i'm going to get it at a better rate. >> we're going to cover this story, it's a good story, but i, you know, i work for the fox business network, we tend to put these things in perspective. the fed stuff is much more important. megyn: thank you. and charlie has a book that is just out. it is called "bought and paid for: the unholy alliance between obama and wall street." check it out, there it is right there, you can get it on

amazon.com, i assume. >> yep. bookstores everywhere. megyn: charlie, thanks so much. i appreciate it. well, new concerns about the effort to fix america's growing debt problem. lou dobbs is next on the number one problem now facing all of americans and the solutions on the table and what it means for you. and a disturbing new report about the folks in charge of handling u.s. nukes. wait until you see what investigators discovered about some of the people who are actually working hands on with these things. stay tuned.

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megyn: fox news alert, we are awaiting reaction now to this verdict in the khapbd ra levy murder trial. a jury finding tkpwraupbd r-r guilty of her murder black in 2001. it was suggested that gary condit a congressman at the time may have been involved in her disappearance, a claim that was later proven false and this illegal now found guilty of having attacked her as she was running while living in dc temporarily and working as an intern. the jury saying that man, murdered chandra levy. analysis by the "wall street

journal" today showing that historically every increase in tax rates is followed by an increase in federal spending. how exactly does that work? lou dobbs is a syndicated radio host and soon to be. >> reporter: soon to be. megyn: star of the fox business network. have you started yet? >> reporter: i think i started. megyn: i was in italy last week. >> reporter: i know i started. i wasn't in italy. had i been fortunate enough -- i've been fortunate enough to talk with a lot of folks. i'm so excited about being on the fox business network i can't stand it. megyn: we are happy to have you on our sister network. basically the report says it's great, okay we need to tax a little bit more and we need to reduce spending, but the "wall street journal" in an article says, hold on, because historically they say when you look at the number of dollars the feds pull in from increased

taxes, they then out spend that, they take it and instead of putting it toward the deficit and the debt they actually go out and spend it. >> reporter: with the exception of 1999 and 2000 we've been running a deficit in this government throughout the last 40 years. i mean it is on it's face it's absurd to suggest that raising taxes fixes the problem, or significantly reduces the deficit. yet that is precisely what is under discussion by two of these groups, the first the president's debt reduction commission suggesting well the way to solve this is to simply go to 21% spending, 21% of gdp for spending, 21% of gdp for taxation. it is the beginning of a serious conversation. but what is interesting to me, megyn in both instances, they are talking to everyone but the american people. this message from the midterm election should be clear and

unee kweuf call to everyone in every political party in the country, tea party, republican party, democratic party, whatever, go to the people and get their voices, get their thinking. megyn: we know how the tea party stands. tea stands for taxed enough already. they don't want more taxes. what the debt commission is saying, is we're sorry, we have to. go are going to get rid of the mortgage interest deduction, a charitable deduction. they are going to get rid of a lot of deductions that are loved. they say we have to do it and cut federal spending otherwise we'll spend even more. now we spend 17% of every dollar toward paying down the debt. they are saying it's going to go up higher. >> reporter: and it will, and let's examine what they said in addition to that. that is how will they enforce the recommendations? not a single word about enforcing those recommendations, or levels of spending or levels of taxation. this is an important

conversation. alan simpson the former senator from wyoming, ersking bowles, former chief of staff. megyn: they want this. >> reporter: they chaired these recommendations, and they are simply that, they are not, not, i repeat not correct when they say you have to do this. this is still america. we are not ruled by elites. megyn: the political reality is no one is going to touch soegts security, ansocialsecurity, andh medicare. until they do that where are they going to cut. >> reporter: may i introduce economic recovery. we are headed to 100% gdp. megyn: everything the entire country earn is going to be spent on servicing the debt. >> reporter: the economic reality is that's not sustainable and the political reality is not sufficient to overwhelm the economic. we will feel the consequences of the decisions taken for the past 40 years. >> who has the guts to do that.

you saw paul ryan come out, a republican from wisconsin and say here is a plan to touch the third rail of politics, medicare, social security. he was ignored by the democrats and republicans as well. paul who? i didn't see it i don't know what you're talking about. >> reporter: there is nothing magical about paul ryan or his recommendations. they are unhe'll list particular, inadequate and in my opinion so insufficient as to not bear -- megyn: paul ryan's. >> reporter: absolutely. >> what is the answer then? >> reporter: the answer is for 0 us to begin to understand these are the realities we must confront. we will be rolling back social security. we will be rolling back medicare. we will be reducing federal spending, not out of ideological purposes or reasons or philosophical. this nation in 2010 cannot afford it. and we must come to terms with that, period. megyn: that is not going to happen. i mean it just doesn't seem like

it's going to happen politically. >> reporter: you may be correct politically. megyn: let's assume i'm right. they don't have the guts for that down in washington and maybe the american people aren't behind it either because they don't believe it could get worse. >> reporter: 40% of the american people are behind it. megyn: let's assume it's not going to happen it. the politicians in washing attorney not talking about, this is not even on the table your proceed proceedings al, the kind of drastic reductions. >> reporter: this isn't a proposal this is an economic reality. megyn: what is going to happen as the debt grows and all of our money goes towards servicing it? >> reporter: first of all that won't happen, sufficient money will continue to go. think about this, half, half of every dollar in this economy right now is going to the public sector. half of the money to support programs and entitlements, local, state, federal government. that is unsustainable. we must have private capital in a private economy to drive this free enterprise cap ta lis

economy forward. that is noas soon as the partieo terms with what they are saying for the first time. deficit reduction is the number one issue in the hearts and minds of the american people. what washington doesn't understand they will ultimately comprehend, because november 2nd wasn't a sufficient advisory, i assure you that november 2012 will be. megyn: i always think of that sl video, and he's sitting in a circle and he's taking their toys. and the little babies are crying and he says, i need that, you have to support me. sort of indicative of where we're heading in this country where we older folks are taking from the next generation. at some point something will have to be done. >> reporter: or it will be done to us. megyn: for the g ark ls and viewers who were in italy last week. what time canee we see you.

>> reporter: we are working on the show right now. we've just begin meetings. we will have a show up and rolling by the first quarter of next year. megyn: that is exciting, cool we're looking forward to it, lou dobbs everybody. new reports today about some on the job drinking concerns involving federal workers who transport our nuclear weapons. yes, you heard right the details in three minutes. plus, if the drug war wasn't enough to worry you, wait until you see the new worry on the border, new details on who might be taking advantage of an open door. >> one of the suspects is in custody. >> we have everybody. we have everybody. [ male announcer ] it's simplehysics...

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megyn: hopes are fading now in new zealand wr-p 29 miners have been trapped since an explosion last friday. rescue crews are preparing to send a robot into the coal mine to get a look at the condition.

toxic gas has kept rescue crews from going down to look for the men, as the families anxiously await any word on their loved ones. >> to see him as happy and proud as what it was before he went down there, it was what he wanted to do. megyn: a build up of methane gas may have triggered friday's ebbs phroeugs. there have been no sounds coming from the chamber since that blast. a disturbing new report on what some government agents are really doing at work. according to a government watchdog group some of the folks in charge of transporting our nuclear weapons are now being accused of drinking on the job. trace gallagher following this one from our west coast newsroom. trace, first we had certain detroit autoworkers who were drinking on the job, that was bad enough, but they weren't

actually transporting nuclear weapons. >> reporter: yeah, these guys were. i mean that is kind of a problem, right? these are hired by the government, there are 600 agents in all and they are hired to carry nuclear republicans and nuclear components from place to place, sometimes around the country. and what happens is they are highly trained, each person goes through extensive training on how to drive these weapons. there is also a 21-week course on what they would do to prevent sabotage, to prevent the weapons from being stolen or taken over. imagine the security that is at stake here. now the u.s. department of energy, the watchdog, issues a report that says, in 2007 to 200916 different alcohol-related incidents. in other words, the agents were as you said getting drunk on the job. for example, if 2007 during an extended mission an agent was arrested for public intoxication. in 2009 two agents were

handcuffed and detained by cops after an incident in a local bar. now the report says, appropriate action was taken against all these agents, though they do not say what the action was. they did go onto say and i'm quoting here, in our judgment alcohol incidents such as these, as infrequent as they may be, indicate a potential vulnerability in the office of secure transportations critical national security mission. you think? the rule here is ten hours from bottle to throttle or in this case, bottle to pedal. apparently there was violated 16 times those years. as you said it's not like they were driving nukes around. megyn: you listed those on your full screen, public intoxication, that was while they were on the job they had those arrests. >> reporter: yes, this is what happens. they drive these things across the country and help put the nuclear weapons in a secure area, and then they go out.

but they are not supposed to go out and drink. and they went out and they drank. megyn: because they might get called back, i mean or are they kind of done. >> reporter: they are done for temporarily, just quick like stays, quick over stays. megyn: you transport nuclear weapons across the country, you get them to their destination safely, maybe you need a cocktail. >> reporter: if you get the weapons to the destination and you don't have to drive the nukes any more then you deserve a cocktail. if you're still driving the nukes, no cocktail. megyn: ten hours from bottle to throttle. thank you. is the federal government hoping for technology that would block your cellphone while you're driving? is uncle sam going to step in now? new details today on reports that the department of transportation is hoping to see cell-blocking hardware installed in american cars. how about that? plus a massive manhunt is underway in utah right now. authorities are searching for a suspect in the shooting of a park ranger.

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of only $14.80 per month nd in-store copays as low as $2. when you could save over $450 a year, you can focus on the things that really matter. ♪ go to walmartom for details. megyn: welcome back. 1:33 in the east. we are awaiting autopsy results right now in connection with the brutal murder of a florida family. police are not releasing the identities of the mother, twin six-year-old daughters and a 3-year-old son, but they say that they do not know why anyone would want to hurt this family. protests outside of irish banks this morning after the government accepts a massive bail out deal. both stock prices and the value of the euro falling today on the news. three hikers facing espionage charges in iran say the legal charges are taking too long. shane bauer and josh fattal

remain in a prison two months after the release of one hiker. iran saying their trial will now begin on february 6th. well, she hasn't announced that she is officially running but she has already taken fire. rumors buzzing on whether former alaska governor sarah palin is getting closer to announcing a run for the white house. former first lady barbara bush weighed in saying governor palin should stay in alaska. according to this quinnipiac university poll 48% said they would vote for president obama in 2012 as opposed to 40% who said they would vote for sarah palin. brad blakeman and dick har paot leharpootlian are here. sarah palin said she was going to speak with her family, which many people say is code for i'm

going to do it, i'm going to run. now you have the former first lady barbara bush when she was asked about palin coming out and adding at the end that she thinks palin should stay in alaska, dick. what do you make of it? >> i think we were very lucky to have her on the ticket in 08. i hope she is on the ticket in 12. i think barbara bush is very astute from a political standpoint, i know she exit's the base but i don't think she'll get beyond the base. she spent the last year or two years making a lot of money because of her celebrities making speeches. she has her daughters on "dancing with the stars." if we want an attractive, vapid woman with opinions that don't make any sense i'm for kim kardashian. megyn: ouch, brad. there is nothing wrong with having a tkuts on "dancing with the stars" and nothing wrong with making money. the question is, can she win? it's surprising to see our former first lady, the wife of

george w. bush take a shot at her. >> i know barbara bush. you never stop talking with mrs. bush, walk away and say, i wonder what she meant by that? megyn: i wish she would share her thoughts more. >> her father with us a u.s. senator. husband was president, son was a president, two sons are senators. she has a good ear to the ground on politics. i think what she is saying to sarah palin is you might be too exposed. you have to be selected by the party before you're elected by the people. there is going to be a lot of choice in 2012, everybody has a right too run but maybe you're not the right person at the right time to lead our party. i think that's what she was saying. megyn: what do you make of the fact -- this one is for you, brad, romney leads obama 45 to 44%. huckabee is neck-and-neck, obama

has 46%, huckabee 44. again we showed in the introduction that obama is sale eight points over sarah palin. >> they are two polar ricing figures, obama and palin. to be elected in this country you need independents. they must come your way. they are less likely to support palin i think. they are looking for a more centuri st candidate. that will be her challenge, being selected by the party and if you're fortunate enough to do that to be elected by the people. megyn: do you think independents are looking for more of a cent, r-rbg ist candidate, they had one last time, with all due respect to john mccain he got clobbered. in this midterm election it didn't seem to be all about the centurists, it seemed to be about the conservatives from the right. >> we've seen this battle within the republican party between the jim demint's and the lisa murkowski's, very bits words in "the new york times," very bits

words between the two of them. one of them is for earmarks, one of them is against, one of them is moderate, one of them is very much to the right, demint is. i think sarah palin is the very right wing piece of the republican party that did very well in republican primaries. they won a number of primaries. the witch up in delaware. megyn: she made a whole commercial about how that is not true. >> i'm sorry, reformed witch up in delaware who got the republican nomination, and, you know, i think demint was five-five, in a number of races the republicans could have taken control of the senate but for that tea party radical right. and she is that tea party radical part. we are loving it. the schizophrenia with the republican party, anyone who has this kind of mental illness going on in their party has to be good for us. megyn: it's hard to get behind the veneer and know what dick is

thinking. >> i tell you what, you got your butts kicked a few weeksing a. now you're saying the republicans really didn't do too well because they didn't take the senate. our policies are the ones that won the day. you guys got kicked to the curb. megyn: and on the butt kicking remark let me ask you about this sound byte. he raises an interesting point and where the republican party is going to come out whether they go conservative, true, true conservative or more moderate in the mold of like a mccain, for example. and george will, who was on the sunday shows yesterday on abc news took a shot at sarah palin as well and you're seeing more and more sort of the mainstream republicans not supporting this potential candidate. here is george will. >> after the 2008 campaign she had two things she had to do. she had to go home to alaskan study and she had to govern alaska well. instead she quit halfway through her first term and shows up in the audience of dancing with the

stars and other distinctly nonpresidential venues. megyn: again with the "dancing with the stars." they are daughter is there. if your kids on "dancing with the stars" in the finals i guess you go. putting that to the side, brad, why, why is it that these sort of establishment republicans continue, you know, to shun her? >> i think the reason being most importantly, you heard george will lead off with it is she quit being governor. the excuse she gave. megyn: she was laboring under all these ethical investigations that turned out to be totally bogus. megynbogus. >> that's when you big in and fight back, you don't give up. that is nonsense. we believe she was he elected by the people of alaska to serve the people of alaska, she should have served out her term. you don't runaway. you stand there and fight. she was in the right. she certainly could have overcome the issues leveled against her and it would have made her stronger for it. the simple fact is she left the governorship and she became a millionaire overnight. she is fantastic lee received around the country. megyn: what is wrong with that.

she comes from a humble background, she didn't have a lot of money. she has the five children, one of whom is special needs, you don't usually make a lot of dough as a public figure. what is wrong with saying i can't govern i'm under so many ethical investigations that are not legitimate. i'll going to do alaska a favor and have someone who can govern without all this. yes i'll maybe some money. >> i agree with brad. she told the people of alaska she was going to be their governor for four years and quit to cash in on her celebrity. i said kim kardashian earlier joking but there is a lot of comparison. what does paris hilton do? what does sarah palin do other than give up and give a speech and take a positions. she has accomplished nothing. she accomplished nothing -- megyn: the governor of alaska, that's nothing? she had record approval ratings in her state before she ran.

>> two years, she quit she did not finish her term. you don't say he's the great quarterback because he plays the first quarter and he lost the game. megyn: there you go with football game. >> i love my football, the game docks are playing this weekend. it's going to be great football in south carolina. she quit and cashed in, she is making tense of millions of dollars on her celebrity, she hasn't built a car, hasn't sold anything, she isn't a person creating jobs. she's a celebrity like kardashian. megyn: she has a political philosophy that makes a lot of sense to a lot of people but apparently president obama is prevailing on more of them. i have to leave it there, dick and brad thank you so much. >> thank you. >> thank you. megyn: troubling new reports from north korea this weekend creating new concerns about the nuclear weapon there. just what the north koreans

might be up to. is there anything the u.s. can do? former u.s. ambassador to the u.n. john bolton is here next with his thoughts. we are waiting what could be a blockbuster in the natalee holloway case, have you heard this? dutch scientists are about to reveal what they know about potential new evidence, a bone that was found that could be related to the teenager's disappearance. plus brand-new concerns south of the border, and who might be slipping into the united states in the dark of night. stay tuned.

i'm hugh jidette. i'm running for president. if elected promise our 13 trillion dollar debt will double, maybe even triple. i'll continue to ignore our spiraling i'm hugh jidette and i say borrow like there's no tomorrow.

megyn: new evidence of big new developments with north korea's nuclear program. those new facts are raising fresh concerns for the united states and our allies. a top u.s. envoy and other diplomats holding an emergency meeting in that region following north korea's claims it has

secretly built a uranium facility. that program is being called by the united states disappointing and pre srobg ka tiff. john bolton is a former ambassador to the united nations and a fox news contributor. they basically bragged about it. they built it in secret and call over and american scientist and show it off to the guy, showing how they have 2,000 centrifuges now and parade it in front of him and say it's all for energy purposes, we swear it has nothing to do with our nuclear program. so what are they up to? >> reporter: they are obviously continuing to expand their nuclear weapons program. the problem the united states faces is for more than 15 years we have followed an obviously failed policy, pa polic that poy trying to see if we could negotiate north korea out of their pursuit of nuclear weapons. it follows a pattern. the north koreans are very, very good at this. they pledged to give up their

nuclear weapons. the united states pledges political and economic support. they keep building nuclear weapons and we supply them with subsidies. that happens over and over again. in part what the north koreans are doing is raising the broad price so the hope has to be that the obama administration doesn't fall into the same trap as previous administrations and think there is some way of chitchatting north korea out of its nuclear weapons. megyn: you are the perfect person to ask this question of. whenever you walk to diplomates they give you a lecture on, you can't understand. they can't just be clobbered over the head with, stop it or else. it's a very diplomatic. >> reporter: it's complex. megyn: careful dance you have to go to to get china in particular to put the pressure on and you can't do it unilaterally. none of us get how to ma anyplace hrat north korea. >> reporter: that's good, you should work at the state department. this is something we have been trying for over 15 years, and it

continues to fail. so at some point even those who have advocated in the past should realize that it's not working and try something else. the real answer is that the north korean threat is not going to go away until north korea goes away. megyn: what do they have to do bomb somebody? >> reporter: they are getting close to it. north korea is a criminal state. it would sell one of these nuclear weapons that it presently possesses to al-qaida or anyone else with the hard currency. they are cooperating with iran as they have for many years with ballistic missiles and i think almost certainly on nuclear weapons. and we have had our head in the sands for lo these 15 years. megyn: what as a practical matter -- if you're running this country, as you would like to do, perhaps, john bolton may be a presidential candidate soon, if you're running this country, what do you do, you have iran, north korea, you have yemen now, you can't just bomb everybody. >> reporter: no, but i would -- let's take north korea to start

with. i would not subsidize them, not give them assistance, i would not sit down at the six party talks, i would not sit down bilaterally. i would go to china and say look, north korea is going to be unified one day, the division of the peninsula is unnatural. you say you don't want north korea to have nuclear weapons yet you're not willing to pressure the regime. let's talk about what we do and what may be a very short period of time when kim jong-il finally dies. megyn: i need a quick hance i have to go. doesn't china say to us, shut up, we own you. >> reporter: i don't think so, in any event i don't think that would be a response that ought to deter us. if we're willing to back down because of china's debt then they really do onus. we've got to stand up for our interests and that means a policy that finds a way to reunify the two koreas and gets rid of the north korea nuclear weapon. megyn: it reminds me of the comment that hillary clinton made about how the national debt poses national security implications we should pay attention to.

ambassador john bolton, thank you sir. >> reporter: thank you. megyn: there is new technology that could completely stop you from using your cellphone while you drive. is the government pushing to see that installed in every american car? new details next on why this is suddenly a very hot issue. conservative radio talk show host kill yam kelly, no relation caught in a verbal scuffle with jay levine. was this a move to protect rahm emanuel in his may mayi yorial race? straight ahead. what soup can do.™

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megyn: right around this time tomorrow we may finally know whether a piece of bone found in aruba belongs to natalee holloway. she is the alabama alabama teen who disappeared during a trip in 2005. dutch forensic scientists are

conducting dna tests and comparing the tests to her dental records. they will announce the results tomorrow. tourists found the partial jawbone on the beach near the spot where natalee holloway was last seen. is uncle sam now looking at new technology that would completely block cellphone use while you drive? that debate is raging online since an interview last week with transportation secretary ray lahood. trace gallagher following this from the west coast newsroom. >> reporter: the story broke the obama administration was considering disabling cell phones in cars as a way to cut down on distracting driving accidents. as you said it was all based on comments made by transportation secretary ray lahood. now the transportation secretary is trying to walk this back a little bit. he's saying that he was inaccurately characterized in his response. in other words, he's saying, it was taken out of context. here is what he writes on his

web page. what i sully said was there is a lot of technology out there now that can disable phones and we are looking at that. a number of cell technology innovators came to our distracted driving summit here in washington and presented their technology, and that's one way. but you have to have good laws, you have to have good enforce 0ment and you have to have people take personal responsibility. that's the bottom line. you left this off your web page and i'm quoting. i think it will be done, i think the technology is there and i think you're going to see the technology become adaptable in automobiles to disable these cell phones. we need to do a lot more if we are going to save lives. just a fact check, you did say that. will they do that, still unclear, megyn. megyn: interesting. all right trace, thank you. thousands of doctors and seniors are facing one very big risk when it comes to this healthcare overall, and congress has electric had a chance to fix it

forever. instead they came up with a four-week solution, four weeks. dr.~marc siegl just ahead. three planes, three engine failures. new concerns for delta airlines. we'll take a look at what happened over the weekend and how the company is handling this problem. let me tell you about a very important phone call i made.

when i got my medicare card, i realized i needed an aarp... medicare supplement insurance card, too. medicare is one of the great things about turning 65, but it doesn't cover everything. in fact, it only pays up to 80% of your part b expenses. if you're already on or eligible for medicare, call now to find out how an aarp... medicare supplement insurance plan, insured by unitedhealthcare insurance company, helps cover some of the medical expenses... not paid by medicare part b. that can save you from paying up to thousands of dollars... out of your own pocket. these are the only medicare supplement insurance plans...

exclusively endorsed by aarp. when you call now, you'll get this free information kit... with all you need to enroll. put their trust in aarp medicare supplement insurance. plus you'll get this free guide to understanding medicare. the prices are competitive. i can keep my own doctor. and i don't need a referral to see a specialist. call now to get a free information kit. plus you'll get this free guide to understanding medicare. and the advantages don't end there. choose from a range of medicare supplement plans... that are all competitively priced. we have a plan for almost everyone, so you can find one that fits your needs and budget. with all medicare supplement plans, there are virtually no claim forms to fill out. plus you can keep your own doctor and hospital that accepts medicare. and best of all, these plans are... the only medicare supplement plans endorsed by aarp. when they told me these plans were endorsed by aarp... i had only one thing to say... sign me up.

call the number on your screen now... and find out about an aarp medicare supplement insurance plan. you'll get this free information kit... and guide to understanding medicare, to help you choose the plan that's right for you. as with all medicare supplement plans, you can keep your own doctor and hospital that accepts medicare, get help paying for what medicare doesn't... and save up to thousands of dollars. call this toll-free number now. megyn: new information on what caused three engine emergencies for delta airlines this weekend. no one was hurt, but hundreds of passengers got the scare of a lifetime. airline acknowledging a spike in engine problems, but insisting the numbers have not exceeded government regulations or even the carrier's own standards.

>> we heard a noise and some people saw flashes. some people thought it was a bird, some people thought it was fire. probably two minutes later the pilot announced we had an engine failure. megyn: that is not what you want to shear onboard an aircraft. >> reporter: after blowing one of two engines on takeoff. the pilot told them he thought it was a bird strike. the boeing 767 took off from newark to whose could you with some passengers reporting sparks or flames coming from the left engine. it had 193 passengers plus crew. mostly calm while the plane circled, dumping fuel over the atlantic ocean before pilots thought it was safe enough to

lands. the passengers then boarded another flight to russia a couple hours later. another boeing 767 tack off from hardfield and soon declared an emergency because of an air duct problem. when the jet landed the tail scraped the runway. there were no injuries to those 162 people onboard. saturday 160 passengers and crew onboard a paris-bound flight. another engine problem. we are toiltd was possibly a compressor stall. the jet made an knowledge landing in shannon, ireland. they are investigating what went wrong while assuring the public it's still safe to fly. there is no truth to the rumor

the pilots were looking at your picture in "gq" magazine. unconfirmed. megyn: the head of the tsa is pleading with americans not to make travel delays worse this weekend. john pistole says choosing the longer patdown will tie up people who want to go home and see their loved ones. this is being planned for the thanksgiving holiday by those who object to the screening procedures. a flight attendant who survived breast cancer is telling horror stories at the hands of the tsa. >> she took me into the room and patted me down. when she came to the breast that had the prosthesis, we asked me what it was. and i told her what it was. she said i needed -- she needed to see it. so then i took it out of my shirt and showed her. and then it was fine. but i felt ashamed and

embarrassed. megyn: the tsa says it will investigate that incidents. tsa pistole says there is no need to search body cavities, at least not for now. plus what the american people are saying about it is all on our web site at foxnews.com. you can vote on whether would you change your travel plans because of all this. i would love to hear from you at kelly@foxnews.com. no one wants to go through that rue mill yaition of take out a breast prosthetic. is it what needs to be done to make sure there is nothing hidden in there that shouldn't be. kelly@foxnews.com. police are standing guard over berlin's most famous building. parts of the reichstag which houses the german parliament is

closed based on fears of a terror attack. >> reporter: the interior minister in germany accused some of the press of irresponsible speculation regarding terror threats. but neither he nor others responsible for security -- they are taking these things very seriously. german police taking no chances by the decision today to shut down the reichstag at least to vaguer toes. this an ultramodern glass domed shape building. it's become one of germany's most visited sites with 3 million people a year going through it. from the outside you get a good view of the city of berlin. inside looking down you get a view of parliament at work. it was just last wednesday when german officials said they had a new situation.

the new situation has become a lot more specific. it had been generic. now pin pointed with one specific target. police had been tipped off by a man believed to have links to al qaeda. now, finally, megyn, it's not just the parliament building that's being watched. the police apparently warned of other places looking especially at train stations and airports. those are under guard. the german officials are trying to tell people to try to be alert. but to to be calm. that's not always an easy combination when you think something is going to happen in your city. megyn: minnesota governor tim pawlenty is calling on attorney general eric holder to resign. he's saying holder and the justice department put the country at risk by deciding to try gitmo detainee ahmed

ghailani in federal court. he was acquitted of more than 280 charges all in connection with the 1998 bombings of two u.s. embassies in africa. those attacks killing 224 people. a fox news alert. the parents of murdered washington intern shandra levy are speaking out. moments after a jury convicted. a jury finding him guilty on two counts of first degree murder. >> the results of the verdict may be guilty, but i have a lifetime sentence of a lost limb. missing from our family tree. it's painful. i live with it every day, so does my son, my mother, and

other family members. megyn: her disappearance in 2001 made national headlines after it came out she was romantically linked to congressman gary condit. police have named 40-year-old lance arrellano a person of interest in the shooting of a park ranger last week. alicia acuna has the latest live from denver. >> reporter: the grant county sheriff's department says he may have the upper hand right now. but searchers have a number of things in their favor including the fact that lance arrellano is swownlds and hasn't had sack says for 2 1/2 to 3 days. family members say he's not much

of an outdoorsman. but searchers know this area very well. they were able to narrow the focus to a 2-mile area south of moab. there are numerous cases of hiding areas in the search have vicinity. police say he may have a weapon with him right now. 40-year-old has a rap sheet that includes assault, theft charges and possession of a controlled substance. some of this belongings were found by searchers. a backpack and a bloody part of a t-shirt and an empty gun holster. this happened friday during a traffic stop. because the ranger who was shot cannot speak yet, officials don't have the details of what happened in the shootout. young is in critical but stable

condition in a hospital after undergoing surgery. young has been a park ranger for more than five years. he also has a wife and three children. megyn: we are pea waiting a press conference from the sheriff's department. the suspect is wounded. they do not believe he has had access to food for 2 1/2 days. so we'll have more on all of that as soon as we hear from the authorities out there. he tried some ask rahm emanuel some tough questions. another reporter told him shut up or i'm going to deck you. watch this. >> shut up or i'm going to deck you. >> are you here for a press opportunity? >> did you just threaten me? no, no. megyn: a judge just ruled on

whether that was legal. we'll bring you have the verdict and show you have the tape in "kelly's court." john boehner got choked up on election tonight. wait until you heart jab he just took from outgoing speaker nancy pelosi over it. alan colmes on the shot just ahead. calls for another troop surge. this one on american soil.

>> reporter: they want 25,000 troops dunn there as soon as possible. i want to show you the areas they focused on. maricopa county in phoenix and cochise county. cochise is a major corridor for drugs and human smuggling. from falcon lake where david hartley was allegedly shot and killed on his jet ski up to

ciudad juarez. the two big takeaways in this report are that mexican border states have degenerated into near anarchy with a tells and drug lords flooding north. this is that video taken by jennifer griffin and her team. they are saying there is a huge threat from opms. other than mexicans. including al qaeda affiliates are crossing the border at will. carter says they should focus less on groping grandma at the airport and focus more on border security. >> let's take the tsa agents and

put them on the border with mexico and they can do some security there. substantially more than in our airports what we are seeing out of this bunch. >> reporter: the report says 5 thurks troops would go -- 25,000 troops would go to the border. some of the local sheriffs have complained in recent months about trying to stop the smuggling of drugs across that border. that's what they are asking for at this point in time. megyn: here is what our fox news brain room dug up. there are 11,088 national guard members protecting the border, 263 in california, 561 in arizona and new mexico has 8. >> in texas there are 284.

oklahoma voters said no. but a federal court saying not so fast. the ban to keep islamic law, sharia law out of oklahoma courtrooms is in court itself. details next. plus remember this moment? >> i spent my whole life chasing the american dream. [applause] megyn: we'll ask alan colmes about minority leader john boehner's softer side and the biting attack from nancy pelosi when we come back. [ manager ] you know...

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megyn: a federal judge is hearing arguments against a ban on sharia law, islamic religious law against it being used in a oklahoma courtroom. the oklahoma vetters passed a referendum that would amended the state constitution that would ban the state courts from considering sharia law or any international law. the executive director from the oklahoma council for islamic relations or cair, filed a lawsuit saying it amounts to religious discrimination. we'll see what the court says.

an outgoing pot shot at speaker decembespeakerdecember is staten boehner. >> i spent my life chasing the american dream. [applause] megyn: asked about mr. boehner's well up with tears miss pelosi said quote, he is known the cry. he cries when we are having a debate on bills. if i cry it's about the personal loss of a friend. when it comes to politics, i don't cry. alan colmes is our guest. she went on to say, i have deep emotions about the american people. but if i were to cry for anything i would cry for them and the policies they are about

to face. >> i thought outgoing pot shot was i'm going to fly commercial. megyn: is it smart of her to make fun of that moment any was on the staff with bret baier and the panel and we were talking about it on election night. he's crying. it's extraordinary to see that. but most of the people on the set sort of thought it was a nice moment. >> i thought it was a nice moment, too. but i cry at at&t commercials. megyn: i'm pregnant soy cry, too. >> i think it shows -- i think it's great. i don't have a problem with that. i don't think she was being mean spirited about it. again, he says he's going to fly commercial and he knows the only reason she didn't fly commercial is the sergeant at arms told her

not to. megyn: the viewers can decide. and the question -- question was, disis from the "new york times" magazine. what about john boehner, did you see him tearing you have on election night as addressed his supporters? what do you think about the crying? she went to the place he's known to cry. he cries sometimes with debates on the floor. when i cry it's about the personal loss of a friend. but i don't cry about politics. >> is this an attempt to make nancy pelosi seem like a hard unemotional human being. megyn: the question is do she make herself seem that way. is this a turnoff to people? >> i think we are reading too much into it. she is the outgoing speaker. she'll be the minority leader. >> this is why i think it's relevant. i think you can have an opinion on this as a man or woman.

think of the list of people of politicians who cry publicly. bill clinton cried. john boehner cried it's guys. it's men. the women don't do it because you can't. women, public figures we are not allowed to cry. >> edmund plu edmund muskey crit ended his career. megyn: if nancy pelosi cried she would get secured. >> we do look differently at it depending on gender. she broke the glass ceiling. that's a tough thing to have to do. megyn: that's why i raise the points, should she be mocking him then?

it's in the good that women can't cry publicly without being perceived as weak and men when they deign to shed a few tears get mocked. >> she had to make a stronger statement than a man would have had to make. she knows if thee were to do the things you suggested she would probably be mercilessly mocked because she is a woman. she took a stand as the first woman speaker. megyn: you might have pursuaded me. but the business which you add on the end -- she says, if i were to cry for anything i would cry for the american people and the policies they are about to face. >> i'll start crying any minute. megyn: the right wing blowing wg

blogosphere says -- >> she is saying here is my political point of view. she wasn't talking about the masses. megyn: have you ever cried publicly? >> any minute. megyn: have you ever cried on the air? >> probably. someone will find some tape. hannity kicked me once. megyn: sitting in this chair, like nicky diaz. we love, we cry. >> we are real. megyn: speaker boehner -- designate boehner. he cried over the house debate on the war in iraq in june 2007, in february he did it again. when tom delay said his goodwise on the house floor, boehner chokes up again. politico said he would be the president of the crying caucus

sometime. >> glenn beck cries. so what's the problem. a woman can cry without being mocked, then we'll have true equality. president obama dubbed the god all things in a news week cover just out. but now some hindus are taking offense at this multitasking image and we'll tell you why. dr. mark sealing in five minutes with a diagnosis of the coming trouble not just for the doctors, but for the seniors. plus there is this. are you a press secretary? excuse me. did you just threaten me? >> back off, man. >> no, no, no.

megyn: he got up in rahm emanuel's face and a cbs reporter threatened to deck him. now a court ruling lands them all in "kelly's court." >> they want a basic change and a fresh beginning. a heart attack that's caused by a clot, one that could be fatal. but plavix helps save lives. plavix, taken with other heart medicines, goes beyond what other heart medicines do alone, to provide greater protection against heart attack or stroke and even death by helping to keep blood platelets from sticking together and forming dangerous clots. ask your doctor if plavix is right for you. protection that helps save lives. [ female announcer ] certain genetic factors and some medicines, such as prilosec, reduce the effect of plavix leaving you at greater risk for heart attack and stroke. your doctor may use genetic tests to determine treatment. don't stop taking plavix without talking to your doctor as your risk of heart attack or stroke may increase. people with stomach ulcers or conditions that cause bleeding

should not use plavix. taking plavix alone or with some other medicines, including aspirin, may increase bleeding risk, so tell your doctor when planning surgery. tell your doctor all medicines you take, including aspirin, especially if you've had a stroke. if fever, unexplained weakness or confusion develops, tell your doctor promptly. these may be signs of ttp, a rare but potentially life-threatening condition, reported sometimes less than 2 weeks after starting plavix. other rare but serious side effects may occur. my professor at berkeley asked me if i wanted to change the world. i said "sure." "well, let's grow some algae." and that's what started it. exxonmobil and synthetic genomi have built a new facility to identify the most productive strains of algae. algae a amazing little critters.

they secrete oil, which we could turn into biofuels. they also absorb co2. we're hoping to supplement the fuels that we use in our vehicles, and to do this at a large enough scale to someday help meet the wor's energy demands. stella: hmmm. we're getting new medicare benefits from the new healthcare law. jane: yea. most people will get free cancer screenings. and 50 percent off of brand name prescription drugs if you're in the donut hole. stella: you read my paper. jane: i went to medicare.gov. it's open enrollment, you know. so i checked out all the options and found a better plan to fit my budget. stella: well, you know what they say...knowledge... jane: knowledge is power.

megyn: the pope sparking debate on the use condoms. he said it could be okay to prevent aids. a little boy died after falling from the luxury suite at a lakers game last night. a british bishop is apologizing for offensive comments about prince william's engagement. saying he gives their marriage 7 years. now the bishop is wishing him a long and happy marriage.

republicans take control of the house in a few weeks. and guess what else happens in the temporary band-aid on a gaping medicare problem will get ripped off. it turns out the fix will run out on january 1. basically a four-week fix. and doctors will face a 23% medicare payment cut unless something is done. guess what that means for their senior patients? you were talking to me about this a couple weeks ago. long and short of it is, republicans and dem krats have been putting off this fix for years. doctors get a huge medicare payment cut and every year the congress has to pass an emergency. it's not that they care but the seniors, they care about the

seniors who vote. republicans and democrats have punted it. then they got to the healthcare. then they said we take that out. >> there was a deal made with president obama that white coat ceremony saying we have a deal. doctors you should love it, seniors you should love it. we are getting the permanent senior fix. they said forget that we'll deal with that later. well the permanent fix was supposed to come. you have got four weeks. you got a four-week fix and you say what? >> that doesn't reassure me. the problem is doctors are permanently nervous. what's going to happen next? a one-month fix? seniors, 1946, the baby boomer generation is just now starting to come to medicare.

7-8 million baby boomers are coming to medicare. but what do they have to look forward to if they don't have the doctors to see. 70% of doctors before obama care came in were starting to limit their medicare practice. hip replacements are only paying $900. cataracts, $900. doctors cannot afford to work under this. there is no chance they can afford to take a 23% cut. megyn: are you allowed to say no to medicare patients? >> not officially. but i can do it unofficially. i can limit the size of my practice. i can say to my office manager we are full today, i can't see that patient for three months. we know seniors though we love our seniors have many, many more medical problems and we have more technology to treat them with. congressman paul ryan has an

interesting idea everyone is ignoring. the wealthy are getting the same subsidy as the poor and the sick. why do they get it? that's where medicare should get its money from. megyn: they say even though they passed a 4-week fix, they say they would like to make it permanent but they won't do it because the reason the democrats and republicans kept punting is they don't have the money to pay for it. so what's going to happen? >> doctors are the horses that pull the cart. doctors will continue to drop out of medicare. the medicare payment advisory committee said 28% of seniors couldn't find a new doctor for medicare. this is not a happy future. another thing is hospitals are going to take over here. hospitals have a different bottom line than private practice dock pores. a private practice doctor like

me will have to drop medicare, but the hospital will find a way to overbillion private insurance to make up for it. we have to find a way to make physicians happier fr. we want to take care of sick people. megyn: you have the other portion of the patients saying look at our economy, look at our debt. doctors have to take a hit. to them you say what? >> what good is insurance if you can't get doctor you need to take care of you. why don't they fix the system which is based on overuse. anybody can use that medicare card. anyone can use that medicaid card. more and more doctors are starting to flee from it. more and more waiting lines. megyn: when you talked openly, you were no fan of this healthcare overall view

require's an insurance overhaul. not a healthcare overhaul. megyn: you filled was even and i drugs from uncle sam. and you said it has no malpractice reform. we are still in that same boat. you still have no med malreform. and now the deal the ama cut with the white house to get ama support is not being lived up to. there is no doctor fix. how do the doctors make out on this? >> everything you just said is connected. if i have to pay more for medical malpractice and i get sued more or i have more liability, you can make it up to me by paying me more. how can i take that rise can i don't have it on the reimbursement side? offices cannot afford to stay open. private practitioners will becombecome extinct.

megyn: if you are not a doctor don't care because it's you, not me. that's a how a lot of people think. but wait, i see doctors. i need doctors. people i love need doctors. >> you can rely on a doctor being moral or ethical, but doctors are thinking, how am i going to feed my kids. megyn: dr. sealing. thank you so much -- dr. siegel, thank you so much. shep: top of the hour we'll have one report from tallahassee, florida where a mother and her three children were found murdered in their home. a revealing survey out of the southern provinces kandahar and helmand province in afghanistan.

nine out of ten afghan men don't know about the attacks of 9/11. megyn: that is stung. shepard, thanks. is it sharp elbows on the campaign trail or something more. a conservative talk show host tries to ask rahm emanuel some tough questions in connection with his race to become chicago mayor. another reporter tells him, be quite or i'm going to deck you. no, you can't watch not until "kelly's court." a june just ruled on whether it was assault. foxnews.com/live. then i'll show you the tape next. let me tell you about a very important phone call i made.

when i got my medicare card, i realized i needed an aarp... medicare supplement insurance card, too. medicare is one of the great things about turning 65,

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megyn: william kelly conservative radio commentator in the windy city confronting rahm emanuel with some tough questions. rahm emanuel * running for mayor. local cbs reporter vai levine was not keen on william kelly's doingedness. watch this. >> how much -- i do a show on wind. what are you talking about. you have to go away. what are you talking about? >> they want a basic change in direction and a fresh beginning and a new start. >> how are you a fresh beginning if you are president obama's chief of staff? >> are you his press secretary? whoa, whoa, excuse me. did you just threaten me? >> back off, man. >> no, i work for wind radio.

megyn: levine was charged with misdemeanor assault an was just found not guilty and some conservatives including kelly are fuming. do they have a point? kelly was none too pleased with that threat within went in and filed a complaint and levine went on trial and was just acquitted. was it the right result? >> absolutely. the on thing he's guilty of is using a dated phrase, i'm going to deck. you take you down to chinatown, a little bit better. he didn't commit an assault. this alleged victim is getting his 15 minutes here. what is required under the statute is the conduct must place someone in reasonable apprehension of receiving a battery. alleged victim's alleged

response was really? then he chased him down walking towards the alleged per traitor saying did you have just threaten me? it's not an assault. megyn: let many get that cued up where he said i'm going to deck you. arthur, you know, this guy kelly says he was -- he testified that he was in reasonable apprehension he was about to receive a battery. how does the judge reject that? >> the combination of what we are watching. you can see him getting elbowed by one of the reporters. megyn: the african-american with the sunglasses is a cbs reporter. >> are you a press secretary? >> whoa, excuse me, did you just threaten me? did you just threaten me? >> back off, man.

megyn: he's getting in the guy's face. >> let's talk about the law. most people think of assault you have to strike someone or hit someone. in this term you don't need to strike someone, you need to make them feel like they are about to get decked. a judge basically saw what we just saw and heard the testimony of the individual and the judge didn't credit his testimony. >> if somebody said to me, i'm going to deck you, i say back off, buddy. we are going to get sued or something like that. i don't say really and get that their face. >> you and i have both seen cases where a lot less that transpired and someone has been convicted of menacing. >> when there is no video. you keep talking like that i'll give you a knuckle sandwich. >> the bottom line is -- a

judge -- a judge heard -- i know around big guy so i'm not going to mess with you. if a judge found if he was scared, there is no textbook answer now, you need to react when someone says i'm going to deck you. i do agree with you, your honor that his body language is not consistent with someone who is afraid they are going to get decked. megyn: that's the thing. you have got to look at the whole tape. if i'm arguing on behalf of this guy kelly, you have to look at the whole tape. first you have the aby reporter. this got it only one asking tough questions. the abc reporter is asking what have you heard from chicagoans. a lot of people think the stimulus is a gift to democratic don'tors. dougdem --gift to democratic do.

>> when the alleged perpetrator turns around and does what he does, whether a person would reasonably fear that they are going to receive a battery. you can tell the perpetrator didn't put his hands up. he doesn't have the ability to care why it out because he didn't look like he was going to. >> he does step in front of him. he unless that position we are look at. he put his back to him. nobody is saying this is a major thing. the consequences here, 30 hours of community service. nobody is talking about -- >> that's not the point. 30 hours. megyn: the thing that jumped out to me is he is obviously very agey, levine, the guy in the red jacket. >> it's a crime if he's in

reasonable fear of being punched in the face. >> it's not a crime, arthur. it has to be reasonable. >> when you are angry and say i'm going to deck you, that is a crime, sir. if it's a knuckle sandwich or i'm going to deck you. you are ready to face and you put your back to someone, that could be a crime. >> in these unique circumstances these are the only ones that matter. it wasn't. megyn: arthur may have pursuade you to the other side or he may not. it could be because he is a superstar lawyer here in new york and featured, look at this, master of defense in -- i didn't want to bust that out. look who you are up against. >> i would have caved. i would have come another day.

megyn: night article. it was a great piece. >> but he still loses. megyn: he does lose according to my verdict. arthur's mother gets upset when i rule against him. the test is whether kelly was in reasonable apprehension of getting hit. but what this reporter did was right either. sometimes this happens. you don't resort to physical threats to stop it. [ sneezes ] client's here.

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megyn: president obama achieving god-like status on the cover of "newsweek." they are showing him with multiple arms dubbing him the god all things. a subtitle reads why the modern presidency may be too much for

one man to handle. the image upsets some hindus because it depicts him as their god shiva. just in time for the holidays. the teamsters union is taking on toys r us claiming the retailer sells toxic toys that poison children. liz, say it ain't so. >> reporter: this report came out late last week it was commissioned by the teamsters. taken environmental justice group is saying barbie dolls and toy story 3 toys have poly vinyl tonight. they say that toxin has been around for 50 years. it never posed a safety issues.

the other issue is this. teamster is is only going after toys are us, not target or wal-mart or other retailers. toy toys r us say it's because they have been in fights with the union over the foot service and dollar stores. the teamsters don't like the waive they have been running those two separate businesses. kkr is as co-owner of toys r us. it's moving to bring toys r us into a public offering next we. megyn: the fbi raiding two offices of hedge funds today. the latest developments on this coming un captioning made possible by fox news network

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